House Bill 373

AN ACT TO AMEND SECTION 45-33-37, MISSISSIPPI CODE OF 1972,
TO PROVIDE THAT DNA TESTING SHALL BE PERFORMED ON ALL CONVICTED FELONS; TO
PROVIDE THAT SUCH INFORMATION SHALL BE MAINTAINED SEPARATE FROM SEX OFFENDER
INFORMATION; TO PROVIDE FOR THE TAKING OF DNA SAMPLES; TO PROVIDE FOR THE USE
OF SUCH INFORMATION IN CRIMINAL CASES; AND FOR RELATED PURPOSES.

45-33-37.
(1) The Mississippi Crime
Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA)
identification system. In implementing
the plan, the Mississippi Crime Laboratory shall purchase the appropriate
equipment. The DNA identification system
as established herein shall be compatible with that utilized by the Federal
Bureau of Investigation.

(2)
From and after January 1, 1996, every individual convicted of a sex
offense or in the custody of the Mississippi Department of Corrections for a
sex offense as defined in Section 45-33-23 shall submit a biological sample for
purposes of DNA identification analysis before release from or transfer to a
state correctional facility or county jail or other detention facility.

(3)
From and after January 1, 1996, any person having a duty to register
under Section 45-33-25 for whom a DNA analysis is not already on file shall
submit a biological sample for purposes of DNA identification analysis within
five (5) working days after registration.

(4)
From and after July 1, 2002, any person convicted of a felony and
incarcerated in a state correctional facility shall at the time of entering the
prison system have a sample of his or her blood, an oral swab or a sample
obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid)
analysis to determine identification characteristics specific to the
person. The provisions and requirements
of this section shall also apply to any person who has been convicted of a
felony prior to July 1, 2001, and who currently is incarcerated in a state
correctional facility in this state for such offense but only when such a
person is to be released from the state correctional facility. The provisions and requirements of this
section shall also apply to any person who has been convicted of a felony in
this state on or after July 1, 2002, and who is incarcerated in a private
correctional facility in this state for such offense pursuant to a contract
with the Department of Corrections upon entering the facility, and for any
person convicted of a felony prior to July 1, 2001; and who is incarcerated in
a private correctional facility in this state pursuant to contract with the
Department of Corrections, upon release.
The information gathered under this subsections shall be maintained in a
separate data base from sex offenders and such other felony offenders shall not
be subject to the same requirements for sex offenders under this chapter. For the purposes of this subsection, the
term "state correctional facility" means a penal institution under
the jurisdiction of the Department of Corrections, including inmate work camps
and inmate boot camps; provided, however, that such term shall not include a
probation detention center, probation diversion center or probation boot camp
under the jurisdiction of the Department of Corrections.

SECTION
2. (1) Each sample required pursuant to subsection
(4) of Section 45-33-37 from persons who are to be released from a state
correctional facility or private correctional facility shall be withdrawn
within the twelve (12) months preceding such person's release at a place
designated by the Department of Corrections.
The required samples form persons who are not sentenced to a term of
confinement shall be withdrawn as a condition of probation.

(2)
Samples collected by oral swab or by a noninvasive procedure may be
collected by any individual who has been trained in the procedure.

SECTION
3. Upon a showing by the
defendant in a criminal case that access to the DNA data bank is material to
the investigation, preparation or presentation of a defense at trial or in a
motion for a new trial, a court having proper jurisdiction over such criminal
case shall direct the Mississippi Crime Laboratory to compare a DNA profile
which has been generated by the defendant through an independent test against
the data bank, provided that such DNA profile has been generated in accordance
with standards for forensic DNA analysis adopted pursuant to 42 USC Section
14131, as amended.

SECTION
4. This act shall take effect and
be in force from and after July 1, 2002.